11/13/2012# DES PLAINES ZONING BOARD OF APPEALS
Un m �� November 13, 2012
tL MINUTES
DES PLAINES
ILLINOIS
The Des Plaines Zoning Board of Appeals Commission held its regularly scheduled meeting on Tuesday, November
13, 2012, at 7:30 P. M., in Room 102, City Council Chambers, of the Des Plaines Civic Center.
ZONING BOARD OF APPEALS
PRESENT: Catalano, Hotherr, Porada, Saletnik, Schell, Seegers, Szabo
ABSENT: None
Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development.
Chairman Seegers called the meeting to order at7:34 P.M.
Chairman Seegers directed that the following case would be continued until 11/27/12 due to information still to be
provided to Staff.
Case 11056 -CU:
The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning
Ordinance, as amended, to authorize the establishment of a place ofworship in the C-3 District.
Chairman Seegers directed that the following case would be heard:
Case 11027-V:
The petitioner is requesting Variations to Sections 8.1-3(C) and 7.2-4(D) of the 1998 Des Plaines Zoning Ordinance,
as amended, to allow for an atter the factbuilt shedwith a less than 5 -foot side yard and rear yard setback and more
than 30 percent building coverage within the R-1 District.
A motion was made by Board Member Hofherr seconded by Board Member Catalano to approve the minutes
of the September 25, 2012, hearings as submitted.
AYES: Catalano, Hother, Porada, Saletnik, Schell, Seegers, Szabo
NAYES: None
MOTION CARRIED
1909 Maple Street
Case 12 027-V
The petitioner is seeking approval for variations to Sections 8.1-3(C) and 7.2-4(D) of the 1998 Des Plaines Zoning
Ordinance, as amended, to allow for an after the fact built shedwith a less than 5 -foot side and rear yard setback and
more than 30 percent building coverage within the R-1 District, respectively.
Petitioner: Carlos Martinez, 1909 Maple St., Des Plaines, IL 60018
Owner(s): Carlos Martinez, 1909 Maple St., Des Plaines, IL 60018
Case # 12 -056 -CU 1050 E. Oakton Street
Case # 12-027-V 1909 Maple Street
November 13, 2012
Page 2
The following individual was swom in:
Carlos Martinez, 1909 Maple St., Des Plaines, IL 60018
Petitioners briefly explained his request to the Board.
Chairman Seegers asked how thick the slab is.
Petitioner said there is no slab, it is just gravel.
Chairman Seegers asked if there were comer posts.
Petitioner said there were four comer posts in the ground.
Chairman Seegers asked Petitioner how far back from the property line he was.
Petitioner said 3.57 feet from the rear yard and 4.93 from the side yard.
Chairman Seegers asked if there was an alley.
Petitioner said there was not.
Chairman Seegers asked if there were power lines going across the property.
Petitioner said there were no power lines in the back, only on the street in the front.
Chairman Seegers asked Petitioner if he obtained a permit.
Petitioner said he did get a permit.
Chairman Seegers asked Petitioner if he has talked to his neighbors about this matter.
Petitioner said he did and they did not have any problems with it.
Chairman Seegers asked Petitioner if there was another garage on the property located behind his.
Petitioner said there was.
Board Member Szabo asked Petitioner how old his garage was.
Petitioner said 4 years.
Board Member Szabo asked Petitioner if he had first obtained a permit to build his garage.
Petitioner said he did.
Board Member Hofherr asked how many apartment units there would be in Petitioner's house.
Petitioner said it is a two flat apartment
Board Member Hofherr asked Petitioner if he lives there.
Petitioner said he did and there is one unit to rent
Chairman Seegers asked Mr. Mangum to read into the record the summary of the staff report
Mr. Mangum summarized the following staff report for the record:
Issue: The petitioner is seeking approval for variations to Sections 8.1-3(C) and 7.2-4(D) of the 1998 Des Plaines
Zoning Ordinance, as amended, to allow for an after the fact built shed with a less than 5 -foot side and rear yard
setback and more than 30 percent building coverage within the R-1 District, respectively.
Analysis: The subject property is approximately 165 feet, 4 -inches long by 55 feet, 5 -inches wide. However, per
the plat of survey (Exhibit 1), 33 feet of the distance west from the public sidewalk has been dedicated for street use.
Thus, the length and lot area considered for residential use is approximately 132 feet, 4 -inches and 7,334 square feet,
respectively.
The property currently contains an approximately 1,475 square foot 1-1/2 story brick residence, 674 square foot
detached three car garage and 152 square foot shed (Exhibit 1 and Attachment 2). Combined, the building coverage
is approximately 2,301 square feet, which is over 31 percent of the property. A standard variation is needed because
the maximum building coverage allowed in the R-1 Single -Family Residential district is 30 percent. A minor
variation is also required since the shed's (an accessory structure) side yard setback is approximately 4 feet, 1I -
inches and the rear yard 3 feet, 7 -inches; a less than 30 percent difference versus the 5 -foot minimum. This was one
of the factors that led to the petitioner's shed permit (number 12030095) to fail final inspection (Attachment 4). Of
Case # 12 -056 -CU 1050 E. Oakton Street
Case # 12-027-V 1909 Maple Street
November 13, 2012
Page 3
note, the applicant was granted a variance on May 10, 2005 to permit the aforementioned garage for 3 -foot side and
rear yard setbacks.
Existing Zoning:
R-1, Single -Family Residential
Address:
1909 Maple Street
Case Number:
12-027-V
Petitioner:
Carlos Martinez
Owner:
Carlos Martinez
Recommendation: Staff recommends for approval of the requested variations based on review of the information
presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for
Variations) as outlined within the City of Des Plaines Zoning Ordinance. The shed is in a suitable location given the
accessibility of the lot and its existing structures (Attachment 3). The size is also typical with the surrounding
neighborhood sheds (Attachment 2).
The shed must meet all of the City Zoning Ordinance and Building and Code related requirements.
Zoning Administrator Procedure: The Zoning Board of Appeals has the final decision making authority for standard
variations.
A motion was made by Board Member Catalano seconded by Board Member Szabo to approve variations to
Sections 8.1-3(C) and 7.2-4(D) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow for an after
the fact built shed with a less than 5 -foot side yard and rear yard setback and more than 30 percent building
coverage within the R-1 District
AYES: Catalano, Hofherr, Salemik, Schell, Seegers, Szabo
NAYES: Porada
MOTION CARRIED
Meeting adjourned at 7:55 p.m